A New Zealand man who killed a 75-year-old retired doctor in a motorcycle accident has been fined £1,000 and disqualified from driving for two years.
Judge Kieran O'Connor at Dublin Circuit Criminal Court praised the family of victim Dr Kevin Cantrell for their appeal in court that electrical draughtsman Anthony Harding should not be jailed.
Harding (38), married and the father of two, of Sycamore Drive, Castleknock, was driving too fast on his powerful 1000 c.c Suzuki motorcycle when he knocked down Dr Cantrell last January and would have to live with that on his conscience, said Judge O'Connor.
Garda Vincent Flanagan, Cabra, told prosecuting counsel, Mr Brendan Grehan BL that the accident happened just inside the Castleknock gate into the Phoenix Park at about 9.15 a.m on January 30th last.
Harding moved out on his wrong side from a position behind about six cars in anticipation of the lights changing from red to green. When they did, the front driver stopped suddenly on hearing the roar of the motorcycle because he realised the two of them could not fit in the narrow gateway. Garda Flanagan said the second car then crashed into the rear of the front vehicle while Harding roared through at great speed in a 30 m.p.h. zone. He struck Dr Cantrell about 48 feet from the gate entrance.
Dr Cantrell was thrown in the air and fell six feet away. Harding lost control of his vehicle and fell off while it travelled on a further 168 feet.
Garda Flanagan agreed with defence counsel Mr Tom O'Connell BL that Harding had not used the motorcycle since the accident and wouldn't again. Mr O'Connell said his client was a native of New Zealand who married an Irish woman seven years ago and they set up home here.
Ms Mary Cantrell, solicitor, a niece of the victim, said all his four children were in court for the hearing. Two of them had travelled from England. Their father's death had devastated them but they wanted her to say they didn't wish to see the defendant jailed.
Judge O'Connor said it was the first time in his experience that a victim's family not only made such a plea but engaged a solicitor to speak for them. "It is most noble of them and I can only pay them the highest compliment," he said.
Judge O'Connor said Harding could not have seen Dr Cantrell in time due to his speed.
The victim obviously attempted to cross the road when he shouldn't have and must also have misjudged the speed Harding's motorcycle approached at. Harding had also taken a very honest approach by pleading guilty to causing the doctor's death and for all these reasons he was not being jailed.